HRS 0304-0002 ANNOTATIONS

Note

East-West Center Corporation Act. L 1975, c 82; L 1997, c 137; L 1998, c 2.

Cross References

Apprenticeship program, training of teachers for, responsibility, see §372-6.

Attorney General Opinions

Must conform to the public trust requirement of the State Constitution in disposing real property. Att. Gen. Op. 63-49.

As to authority of the board and the ASUH to sell stocks of Honolulu Stadium, Ltd. owned by the University and the ASUH respectively. Att. Gen. Op. 64-56.

Under item (2), regents have authority to determine manner of disposing university property. Att. Gen. Op. 74-5.

Board of regents can delegate limited investment authority to external investment managers. Att. Gen. Op. 78-1.

Collaboration agreement between University and corporation requiring the University to provide the corporation with environmental samples from diverse habitats may be voidable but not null and void altogether if both the corporation and the University intended that all material come from only ceded lands the State owned. The University could still perform under the contract by collecting material from the lands it owns and by securing a land license so that it could collect materials from the ceded lands the State owns. Att. Gen. Op. 03-3.

The scope of the University's authority to sell or transfer biogenetic resources gathered from ceded lands depends upon how the University acquired the ceded land from which the biogenetic resource originated. The University has complete authority over the lands that are set aside or conveyed to it by the State, and would have limited authority to dispose of biogenetic resources gathered from public lands it leases from the State, or lands that it has permits to use or licenses from which to remove materials. Att. Gen. Op. 03-3.

Case Notes

The University is not a "person" within meaning of 42 U.S.C. §1983 and not amenable to suit for deprivation of civil rights. 355 F. Supp. 789.

 

Previous Next